In the absence of a will, it is not the family but the law that determines the distribution of the estate. The Austrian Civil Code (ABGB) distributes the estate according to fixed rules: by lines of descent and shares, with a specific provision for the spouse or registered partner. In practice, the outcome is often surprising because an unmarried partner receives nothing, while distant relatives inherit. The Nagler Law Firm will assess your specific situation and show you where the statutory solution differs from your expectations. What matters is not what is perceived as fair, but what the law mandates.
Who inherits alongside whom determines the share and, consequently, the economic value.
A spouse's inheritance rights in relation to children differ from those in relation to parents or siblings.
Without a marriage certificate, there is no legal right to inherit, regardless of the length of the relationship.
When there are multiple heirs, they must reach a joint decision, which can hold up the transfer of real estate.
Close relatives retain their right even if a will provides otherwise.
The last habitual residence is one of the factors that determines which inheritance law applies.
Intestate succession applies whenever there is no valid will, and also in cases where a will covers only part of the estate. It is not a stopgap measure, but a comprehensive system with clear shares.
The goal is to clarify what happens in the absence of a will and whether it is necessary to draw one up. If you want to understand the rights of close relatives, you can find more information on the statutory share in Austria.
Intestate succession is governed by the ABGB. It is based on kinship and classifies relatives into lines, with the closer line taking precedence over the more distant one.
First in line are the children and their descendants. If there are none, the parents and their descendants follow, then the grandparents and their descendants. The spouse or registered partner also inherits a separate share.
The law takes into account neither actual closeness nor presumed intent. A long-term cohabitation is disregarded, while relatives with whom there has been no contact for years inherit. Anyone who wants to change this must make a will. The page Inheritance Law provides an overview of this area of law.
We will assess your specific circumstances: Who is a statutory heir, what is their share of the estate, and what other claims exist? This includes the spouse’s status, the treatment of prior gifts, and the question of whether a community of heirs is formed.
If you want to know whether the legal outcome is correct, you first need to know what that outcome is. For more detailed information on the claims of close relatives: Legitimate share in Austria. Regarding legal representation: Attorney specializing in inheritance law.
Where the legal solution aligns with what is intended, there is no need for action. Where it deviates from that, it becomes clear early on what adjustments are necessary and what deadlines are involved.
The order of statutory succession determines not only who inherits, but also how the estate is divided financially. It is crucial that the shares and assets be considered together.
These cases regularly involve real estate, bank accounts, business interests, and liabilities. Disputes arise when a share is clear from a mathematical standpoint but cannot be implemented without a sale.
For example, an apartment may be divided among several people on a pro-rata basis, even though only one person lives there. Or a business may be divided among people who do not wish to run it together. We therefore view these issues as part of a broader, interconnected context that also includes the digital estate.
A spouse or registered partner inherits not as a relative, but by virtue of his or her own legal status. His or her share depends on who else is inheriting.
In addition to children, the spouse receives one-third of the estate, and the children jointly receive two-thirds. If there are no children, the spouse inherits two-thirds along with parents. If there are no parents either, the spouse inherits the entire estate.
In addition to the statutory share of the estate, a spouse may be entitled to a statutory advance bequest that ensures continued use of the statutory share and the household goods. This information is intended as a general guide and does not replace a review of the specific individual case. Further information: Attorney specializing in inheritance law.
Many people assume that the estate will be distributed fairly. However, the law follows strict rules that have little to do with actual living circumstances.
A legal assessment can determine early on whether the statutory solution is viable or whether a different approach is needed.
If several people inherit, a community of heirs is formed. They administer the estate jointly, and major decisions require unanimous consent.
This leads to a standstill, especially when it comes to real estate: selling, renting, or renovating requires a joint decision. Even a single dissenting opinion is enough to prevent the property from being put to use.
Possible options include a mutual agreement on the division of assets, a transfer to one person in exchange for compensation, or—if no agreement can be reached—a court-ordered division. We will assess which option makes the most financial sense.
Depending on the specific circumstances, other issues may come into play in addition to succession. These pages provide more detailed information for topics that require further explanation.
Even if the will provides otherwise, the statutory share remains in effect. For more information, see Statutory Share in Austria.
When it comes to shares, division, and enforcement, the key issues are deadlines, documentation, and a structured approach. For more in-depth information: Inheritance Law Attorney.
A growing portion of digital legacies is stored in user accounts. Learn more about digital legacies.
The order of statutory succession can be changed by a will. Anyone who wishes to name a specific person as a beneficiary or avoid a community of heirs must make these arrangements during their lifetime.
Options include the appointment of heirs, bequests, alternative provisions, and agreements regarding the statutory share. Gifts made during one’s lifetime are also a means of estate planning, but they have a retroactive effect on the subsequent calculation.
Not everything is entirely up to you: The statutory share for close relatives remains in effect and must be fulfilled in terms of value. We’ll show you what leeway you actually have.
Step by step:
Not every inheritance case is purely domestic. As soon as the decedent’s last habitual residence was abroad, assets are located in another country, or the parties involved live abroad, the requirements become significantly more complex.
Next, it must be determined which inheritance law applies and which court has jurisdiction. The statutory shares vary considerably from one legal system to another.
In international contexts, the assumption that Austrian law applies in any case is often misleading. We first determine the applicable law. For further information: Attorney specializing in inheritance law.
Not every inheritance case is equally complex. In certain situations, however, it is particularly important to have a lawyer review the matter because the legal outcome cannot be corrected later.
In these cases, a legal review provides certainty—regarding the assessment, the planning, and the period following the opening of the estate.
A reliable assessment begins with the question of which individuals are eligible. Only then can quotas be calculated.
Key factors include family relationships, a valid marriage or registered partnership, predeceased children with their own descendants, and adoptions. Equally important are prior gifts that have a retroactive effect on the calculation.
The statutory order of succession applies in full in the absence of a will and supplements a will where it covers only part of the estate. The page Inheritance Law provides an overview of this area of law.
If you would like to learn more about the claims of close relatives, how these claims are calculated, and how gifts are taken into account, you can find more information here on the statutory share in Austria.
Intestate succession is the distribution of an estate as provided for in the Austrian Civil Code (ABGB). It applies in the absence of a valid will and, in addition, in cases where a will covers only a portion of the estate.
It follows the line principle: The closer line excludes the more distant one. Within a line, descendants take the place of those who have predeceased them.
The deceased person's children and their descendants have priority. If a child has predeceased the deceased, that child's children take the child's place.
Only when there are no descendants do parents and their descendants come into play, followed by grandparents and their descendants.
If there are children, the spouse or registered partner inherits one-third; if there are parents, the spouse or registered partner inherits two-thirds. If there are neither descendants nor parents, the spouse or registered partner inherits the entire estate. In addition, there may be a statutory advance bequest.
No. A cohabiting relationship without marriage or a registered partnership does not establish any legal right to an inheritance, regardless of how long the couple has lived together.
Anyone who wishes to provide for their partner must do so through a will. A limited statutory right of residence may apply in certain cases, but it does not replace the status of an heir.
Stepchildren have no legal right to inherit from their stepparent. Only adoption establishes the status of a biological child under inheritance law.
In patchwork configurations, this often leads to unintended results. In such cases, we examine very carefully what adjustments are necessary.
This results in the formation of a community of heirs. They administer the estate jointly. Major decisions require unanimous agreement.
This can lead to prolonged inactivity, particularly with regard to real estate. The joint ownership is dissolved through a mutually agreed-upon division, a transfer in exchange for compensation, or a judicial division.
Yes. The statutory share applies regardless of whether the intestate succession applies or a will exists. It is due to descendants as well as the spouse or registered partner.
It is a monetary claim, and its value is determined by the statutory share of the estate. For more information on this area of law, see Inheritance Law.
In that case, the requirements become significantly more complex. It is necessary to determine which law of successions applies, which court has jurisdiction, and how a decision will be recognized in the relevant country.
The statutory shares vary considerably from one legal system to another. For more information: Attorney specializing in inheritance law.
Fenerica BlauschimmelAugust 2025A fantastic team. Highly competent and friendly. Very quick responses on the phone and always ready to listen. We will definitely contact you again if we have any further difficulties.
NicoleJune 2025The entire team is incredibly kind, caring, and competent! You feel incredibly well taken care of. Fast service and complete satisfaction! I can absolutely recommend them; they're worth every penny!!!
TomMay 2025An extremely competent and reliable lawyer who took on my case with great dedication when others withdrew at short notice. I highly recommend him!
The Nagler Law Firm has many years of experience in various legal areas and offers its clients sound legal advice and committed representation.
German, English, Turkish, Russian and Ukrainian: For smooth communication with clients from different language areas.
We place great emphasis on providing personalized, local support. This allows us to develop solutions tailored to our clients’ specific situations.
Family Law, Estate Law, and Real Estate Law: We combine broad expertise with practical experience in key areas of law.
We will assess the statutory order of succession for your specific situation—with a structured approach, experience, and a clear focus on the key points. We will quickly determine who inherits, in what proportion, and whether the outcome aligns with your expectations.
The focus is on clear answers regarding inheritance shares, the legal status of spouses, the community of heirs, the reserved share, and options for planning. The goal is not merely to provide information, but to offer a basis for decision-making.
The Nagler Law Firm provides comprehensive advice on inheritance, the statutory share, and estate planning. Our goal is to offer advice that is not only legally precise but, above all, easy to understand.
Reliability, experience and humanity – this is what our team stands for, and we are fully committed to protecting your legal interests.
